HIPSCHMAN v. COCHRAN

No. 96-0529.

683 So.2d 209 (1996)

Alan M. HIPSCHMAN, Petitioner, v. Ron COCHRAN, Sheriff of Broward County, Dianne M. Hipschman, Jeffrey Hipschman, Alan Michael's Boca Collection, Inc., a Florida Corporation, and Alan Michael Jewelers, Inc., a Florida Corporation, Respondents.

District Court of Appeal of Florida, Fourth District.

November 27, 1996.


Attorney(s) appearing for the Case

Nick B. Kanelidis, Fort Lauderdale, for petitioner.

Edward J. Jennings, Fort Lauderdale, for Respondent-Dianne Hipschman.

Robert A. Butterworth, Attorney General, Tallahassee, and Charles M. Fahlbusch, Assistant Attorney General, Hollywood, for RespondentRon Cochran, Sheriff of Broward County.


EN BANC

GROSS, Judge.

The petitioner husband seeks a writ of habeas corpus releasing him from custody on a pluries writ of arrest and commitment issued by the clerk of the circuit court. Because the writ issued without notice to the petitioner, contrary to the constitutional right of due process, we grant the petition. See LeNeve v. Navarro, 565 So.2d 836 (Fla. 4th DCA 1990).

On October 23, 1995,...

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